Parking signs put while my vehicle was parked

hargum

hello,
I have searched the forum but couldn't find anyone who has experienced this scenario.

My car has been parked in the same unmarked parking bay outside my apartment for the past 3 months (I move it every 2-3 days as I only use it for social use). The bay is unmarked, the rest of which are marked up to 28 so residents have used these as an overflow.
I was issued a parking fine on a Saturday in December, this was the morning after Link Parking had put up signs to enforce parking. I found out the signs were put up the day before by confronting a Link Parking operative and I honestly had not seen the signs as my car was parked there before the signs were put up and the Landlord had not told us they were going up.
I spoke to the Landlord and he said he doesn't own the 3 parking bays, he thinks one of the other landlords does (all of whom were already using Link Parking to cover their residents spaces).
I chose to appeal the ticket on the grounds that I hadn't seen the signs in order to have time to move my vehicle. I also added that there is no street lighting on the roads inside the complex so any chance of me seeing the signs once I finished work on the Friday evening were limited and that the sign were easily blocked from view if a van was to park in the bay next to mine.
Link parking refused the appeal:
'The appellant parked their vehicle in a area we manage and incurred a charge due to the fact they were not fully displaying a valid permit.Our signs clearly advertise the parking requirements and the charges which apply if they are not met.'

I appealed this to the IAS as when I left the car there were no signs.

The IAS:
'The Appellant claims they had no notice of the terms as the signs had been put up the day before and the Appellant did not see them due to their position. In addition the signs don’t indicate the three spaces were restricted and a large vehicle blocked the Appellant’s view of one sign. If the Operator only changed the terms the day before this would be a cause for complaint but it would not alter the lawfulness of the charge. I think the proximity of the sign to the vehicle proves it was visible irrespective of the position of other vehicles and also shows it applies to the place the Appellant parked.'

I have also emailed Link Parking to ask for a contact detail for who owns the spaces. They refused to give any information to me.

It has yet to come to a solicitors letter from a representative of Link but I was wondering what kind of chance I stand if it progresses to court or if I should just pay the £100 or what evidence I should gather to be prepared. I am already in the process of finding out exactly who owns the spaces as are many other residents as they received fines too.

The_Slithy_Tove

hargum wrote: »

or if I should just pay the £100

Are you mad or something even considering that? The IAS isn't worth the paper you could write "IAS" on. You should be considering suing THEM for a DPA breach, as they had no reasonable cause to get the keeper details from the DVLA.

Coupon-mad

You've searched but not found other cases lost at IAS? We don't see many because it's a daft thing to even try. There are some, but only because people haven't come here in time to read the clear advice NOT to even try 'IAS' stage:

https://forums.moneysavingexpert.com/discussion/5593312

I was issued a parking fine on a Saturday in December, this was the morning after Link Parking had put up signs to enforce parking. I found out the signs were put up the day before by confronting a Link Parking operative and I honestly had not seen the signs as my car was parked there before the signs were put up and the Landlord had not told us they were going up.

Search the forum for 'Link residential' or 'defence Jopson' or 'Gladstones defence' and you will see this is soooo common. Loads of rubbishy cases wasting the courts' time about residential car parks - and lots of scope to successfully defend v Link and counter claim too!

This is THE most common query on the forum right now, court claims threatened and received from firms like Link using Gladstones solicitors. Have you read some Parking Prankster blogs?

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

http://parking-prankster.blogspot.co.uk/2016/11/link-parking-lose-in-wrexham-flat-owner_2.html

Did you know the same people who run the IPC and IAS also run Gladstones solicitors whose interest is in helping PPCs sue victims (they don't do a very good job of it by all accounts though):

https://forums.moneysavingexpert.com/discussion/comment/71943850#Comment_71943850

http://parking-prankster.blogspot.co.uk/2016/11/gladstones-pick-link-parkings-pocket.html

http://parking-prankster.blogspot.co.uk/2017/01/as-parking-ang-gladstones-scam-exposed.html

http://parking-prankster.blogspot.co.uk/2016/12/link-parking-and-overstone-court.html

What does your AST say about parking? 'Rights of Way'? right to pass and re-pass or right of access across the common areas outside? We assume you are a tenant so check your AST for your grant to park (even if there is none, that's OK as well, because neither does it tell you about any risk of a penalty).